Перевод дипломатической документации с английского языка на русский язык

4. AGREED AND LIQUIDATED DAMAGES

If the Sellers fail to deliver the equipment by the dates indicated in clause 3, they are to pay the Buyers agreed and liquidated damages at the rate of …. Per cent of value of the delayed equipment for each week during the first four weeks of delay, and of …. Per cent for each following week. But the total amount of the agreed and

liquidated damages is not to exceed …. Per cent of the total value of the goods delayed.

In case of delay in delivery exceeding 3 months the Buyers have the right to cancel the order in whole or in part.

The agreed and liquidated damages are to be deducted from the Sellers’ invoices at the time the Buyers effect payment

5. PAYMENT

Payment for the equipment delivered is to be effected in … following way:

a. 90 per cent of the value of the goods delivered is to be paid by acceptances of Sellers’ drafts payable in London at … months from the date o Bill of Lading against documents, viz.:

Original and 2 copies of a detailed invoice.

2 original “clean on board” Bills of Lading issued in the name of V/O “Rossimport” to any Russian Port.

Packing Lists in triplicate.

Copy of the Buyers’ Inspector’s Release Note for Shipment issued in accordance with the Test Report or any other document as to the quality of the goods.

Sellers’ letter about the dispatch of the technical documentation in accordance with clause 6 of the present contract.

Copy of the Export Licence, if required.

b. The remaining 10 per cent, of the value of the equipment delivered is to be paid after putting the equipment into operation on conditions that it reaches the capacity and quality of operation guarantied by the sellers. Payment of the 10 per cent is to be effected within 45 days upon receipt of the Sellers’ invoice and the report of putting the equipment into operation at the factory of the buyers.

6. DRAWINGS AND TECHNICAL DOCUMENTS

Within ……. Days of the date of the signing of the present contract the sellers are to send the Buyers two copies of the following drawings and technical documents for each complete machine:

General view and assembly drawings with main sizes of the equipment as well as a detailed specification of all parts and assemblies of the machine;

Detailed technical description of the machine;

Technical conditions for testing the equipment, erection, maintenance and operation instructions, lubrication schemes, etc.

Foundation and installation drawings

Working drawings of the rapidly wearing-out parts of the machine;

Certificates of the Boiler Supervising Board for the apparatuses operating under pressure.

All printed materials as well as inscriptions on the drawings are to be made in the Russian language.

In addition two copies of the above drawings and technical documents as well as the Certificate of Quality of the equipment or the Test Report stating that the equipment is manufactured in accordance with the conditions of the contract, are to wrapped in waterproof paper and packed in case # 1 together with the equipment.

If the drawings and technical documentation are not placed in the case or not sent to the Buyers beforehand, the delivery is considered non-complete. And in this case the guarantee period is to begin on the date of receipt of the complete set of drawings and technical documents by the Buyers.

7. WEIGHT OF THE EQUIPMENT

The weight of the equipment delivered is to correspond to the weight in the specification enclosed with the present contract.

If the weight of any of the machines is 5 per cent lower than that stipulated in the specification, the price of such machine is to be reduced in proportion to the shortage in the weight on the basis of the average price of the machine per kilogramme.

No extra payment is to be effected for any excess weight is more than 10 per cent of the weight indicated in the specification, the Buyers have the right to reject such a machine and the Sellers are to replace it by another one.

8. INSPECTION AND TEST

The Buyers have the right to send their Inspectors to the Sellers’ factories to check the progress of manufacture of the equipment and the quality of the material and parts and to take part in the tests of the equipment. The sellers shall place at the disposal of the Buyers’ Inspectors, free of charge, all facilities necessary for carrying out the inspection.

Before shipment the Sellers are to test the equipment in accordance with the conditions of the contract. If no such conditions are given in the contract, the machines are to be tasted in accordance with the conditions existing in the corresponding branch of industry in the Sellers’ country.

The results of the test are to stated in the test report which is to be issued after the test.

10 days before the test the Sellers are to inform the Buyers and the Trade Representation of Russia in … of the readiness of the goods for the test.

If the test is carried out in the presence of Buyers’ Inspector and no defects have been found, the Inspector will issue a Release note for shipment. If the test is carried out in the absence of the Buyers’ Inspector, and the tests show that the equipment is manufactured in accordance with the conditions of the contract, the Buyers or the Trade Representation of Russia in … will permit the shipment of the equipment upon receipt of the Test Report or other certificates as to the quality of the goods.

The Release Note for Shipment as well as the Test Certificates do not free the Sellers from their obligations stipulated by the Guarantee clause.

The final inspection and the test of the equipment are to take place at the Buyers’ plant in Russia after erection.

9. GUARANTEE

The quality of the delivered is to correspond to the technical conditions stipulated in the contract or in the Appendix to it.

The Sellers guarantee that:

a. the delivered equipment corresponds to the highest technical level and the highest standards existing in the Sellers’ country for the equipment in question at the moment of the fulfillment of the contracts

b. proper material and first-rate workmanship have been in the manufacture of the goods

c. the capacity of the delivered equipment and the quality of its operation are in all respects in conformity with the Technical Conditions of the contract

d. the delivered equipment is complete in accordance with the conditions of the contract which provides for its normal and uninterrupted operation

e. the technical documents and drawings are complete, accurate and sufficient for the erection and operation of the equipment.

The guarantee period is …. Months from the date of putting the equipment into operation, but not more than … months from the date of shipment of the last lot of equipment. The date of the Report issued after the test of the equipment at the Buyers’ factory is considered to be the date of putting the equipment into operation.

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